Jump to content

17 posts in this topic

Recommended Posts

3 hours ago, Timona said:

Yes BC is mandatory for you, no exception. 

I am facing a similar I-485 application for my fiancee.  When is the birth certificate mandatory and when is it not?

 

Are there any restrictions on the type of translation that is needed?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Kenya
Timeline
29 minutes ago, lovinglive said:

I am facing a similar I-485 application for my fiancee.  When is the birth certificate mandatory and when is it not?

 

Are there any restrictions on the type of translation that is needed?

 

Always mandatory 


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Share this post


Link to post
Share on other sites
25 minutes ago, lovinglive said:

When is the birth certificate mandatory and when is it not?

 

Only refugees, asylees, and elderly applicants whose countries did not maintain records at the time of their birth are exempted from the requirement for birth certificate.  All other AOS applicants must submit a birth certificate.

 

Share this post


Link to post
Share on other sites
38 minutes ago, lovinglive said:

I am facing a similar I-485 application for my fiancee.  When is the birth certificate mandatory and when is it not?

 

Are there any restrictions on the type of translation that is needed?

definitely mandatory. what kind of restriction? 

if the birth certificate is not in english, u have to provide both in native language + translation in english

Share this post


Link to post
Share on other sites
1 hour ago, Misscloud said:

definitely mandatory. what kind of restriction? 

if the birth certificate is not in english, u have to provide both in native language + translation in english

Thank you for all your help.  So I am wondering, does the translation have to be from a specific type of translation agency?  I have seen some translations before referred to as "official", although I don't really know what that means.

 

Is any translation agency sufficient, or could we even do our own?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites
57 minutes ago, lovinglive said:

Thank you for all your help.  So I am wondering, does the translation have to be from a specific type of translation agency?  I have seen some translations before referred to as "official", although I don't really know what that means.

 

Is any translation agency sufficient, or could we even do our own?

no...there's no specific translation agency

u can do it urself if u want but u have to write a letter to state that u are fluent in both language to do the translation

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~Hijack post and related replies split off to their own thread. Please do not post questions for your own case in other member's threads.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
7 hours ago, Misscloud said:

no...there's no specific translation agency

u can do it urself if u want but u have to write a letter to state that u are fluent in both language to do the translation

Thanks Miss Cloud.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites

We now have another problem related to the birth certificate.  There is some incorrect information on the birth certificate.  It's not related to my wife, it's related to her parents.  One of the names is wrong and the DOBs are wrong.

 

It may take a long time to get a corrected birth certificate.  Will USCIS care about this?  Is there any way to resolve the problem by, for example, a sworn statement about the correct info?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites
On 6/25/2022 at 6:45 AM, lovinglive said:

We now have another problem related to the birth certificate.  There is some incorrect information on the birth certificate.  It's not related to my wife, it's related to her parents.  One of the names is wrong and the DOBs are wrong.

 

It may take a long time to get a corrected birth certificate.  Will USCIS care about this?  Is there any way to resolve the problem by, for example, a sworn statement about the correct info?

From my understanding: If you send in a birth certificate that is rejected USCIS will send an RFE for the correct birth certificate. I believe they'll give you 60 days or so to submit the requested document. 

If your re-submission is rejected you will have to file another AOS package. 

USCIS also has a list on their website of evidence you can submit if a birth certificate is unavailable. But, you do have a birth certificate so the alternative evidence isn't really relevant to your case. Get the birth certificate corrected and send it in when they request the RFE

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Share this post


Link to post
Share on other sites
Posted (edited)
13 hours ago, ROK2USA said:

From my understanding: If you send in a birth certificate that is rejected USCIS will send an RFE for the correct birth certificate. I believe they'll give you 60 days or so to submit the requested document. 

If your re-submission is rejected you will have to file another AOS package. 

USCIS also has a list on their website of evidence you can submit if a birth certificate is unavailable. But, you do have a birth certificate so the alternative evidence isn't really relevant to your case. Get the birth certificate corrected and send it in when they request the RFE

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Thanks for your reply.  I panicked when I realized what happened with the birth certificate.  I now think that USCIS may just totally ignore it because the actual purpose of the birth certificate is to establish the applicant's nationality and it's not related to their parent's information.

 

But an RFE would be OK assuming we can get a correction in time.  We are starting the process of getting a correction.

 

I also saw the info about when a BC is not available and also looked up the State Department website that they refer to.  But agree that it's not relevant in this case since my spouse has a birth certificate.

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Between my spouse and I, we are well positioned to get a replacement, and there are other country-specific sources to find out. 

 

Thanks for answering as you were the only one that responded!

Edited by lovinglive

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites
Posted (edited)
4 minutes ago, lovinglive said:

Thanks for your reply.  I panicked when I realized what happened with the birth certificate.  I now think that USCIS may just totally ignore it because the actual purpose of the birth certificate is to establish the applicant's nationality and it's not related to their parent's information.- If you partner ever wants to sponsor her parents the birth certificate information DOES matter... and of course the form she fills out detailing her parents information should match the BC... if they don't questions will be raised about your partner's identity. You should get that information squared away. I personally would not file the AOS until you have corrected the BC.... I'm fairly risk averse though... so my advice would be for your partner to return to her home country and have you go through consular processing as the BC is only needed at NVC stage not immediately... But of course you have the right to apply for adjustment as that suits your family situation. 

 

But an RFE would be OK assuming we can get a correction in time.  We are starting the process of getting a correction.

 

I also saw the info about when a BC is not available and also looked up the State Department website that they refer to.  But agree that it's not relevant in this case since my spouse has a birth certificate.

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Between my spouse and I, we are well positioned to get a replacement, and there are other country-specific sources to find out.  

Thanks for answering as you were the only one that responded!

 

Edited by ROK2USA

Share this post


Link to post
Share on other sites
3 minutes ago, ROK2USA said:

 

Hi, thanks, that's a good analysis.   From my view the most important thing is that you are honest on the forms.  So when filling out the forms we will use the correct info according to parents' national IDs, passports, etc. 

 

Then I will attach a letter or note explaining why the info on the BC is incorrect.

 

In the meantime we are trying to get a correction.  I'm not sure how much experience you have with foreign governments, but in many countries there are issues with corruption, administrative delays, bureaucracy, and just being arbitrary and making up rules on the spot.

 

Due to these things, it's difficult to predict what may happen when we try to get a corrected version of the birth certificate. 


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites
Just now, lovinglive said:

Hi, thanks, that's a good analysis.   From my view the most important thing is that you are honest on the forms.  So when filling out the forms we will use the correct info according to parents' national IDs, passports, etc. 

 

Then I will attach a letter or note explaining why the info on the BC is incorrect.

 

In the meantime we are trying to get a correction.  I'm not sure how much experience you have with foreign governments, but in many countries there are issues with corruption, administrative delays, bureaucracy, and just being arbitrary and making up rules on the spot.

 

Due to these things, it's difficult to predict what may happen when we try to get a corrected version of the birth certificate. 

Getting a new passport from my government took 8+ months... some of my compatriots waited over a year...

Birth certificate also took about 10 months... I would never attempt an adjustment... even during the pandemic when our borders closed. 😅 

Share this post


Link to post
Share on other sites
1 hour ago, ROK2USA said:

Getting a new passport from my government took 8+ months... some of my compatriots waited over a year...

Birth certificate also took about 10 months... I would never attempt an adjustment... even during the pandemic when our borders closed. 😅 

It took 8 months and 10 months from the US government - or is this Korea?

 

Anyway, I am still optimistic that this birth certificate can be corrected quickly. 


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...